Ex Parte Julian Hernandez

I respectfully dissent. When the law is not succinct and straightforward, a defense attorney need only advise a noncitizen client that pending criminal charges may carry a risk of deportation. Padilla v. Kentucky, 559 U.S. 356,-, 130 S.Ct. 1473, 1483, 176 L.Ed.2d 284 (2010). If a deportation consequence is truly clear, such as when the client is subject to automatic deportation, the duty to give correct advice is equally clear, and constitutionally competent counsel must advise the client accordingly. Id. at 1478, 1483. The defendant must prove, by a preponderance of the evidence, that there…